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MISCELLANEOUS LAWS

396

(a) A prosecuting attorney or the inspector

general may retain an attorney to bring an action

under this chapter.

(b) An attorney retained under this section is

not required to be a deputy prosecuting attorney

but must be admitted to the practice of law in

Indiana.

TITLE 34

ARTICLE 28

Chapter 5. Infraction and Ordinance

Violations [Portions Omitted].

34-28-5-3.

Detention of suspect for ordinance or

infraction violation.

34-28-5-3.5. Refusal to provide identifying informa-

tion; penalty.

34-28-5-3. Detention of suspect for ordinance

or infraction violation.

(a) Whenever a law enforcement officer

believes in good faith that a person has commit-

ted an infraction or ordinance violation, the law

enforcement officer may detain that person for a

time sufficient to:

(1) inform the person of the allegation;

(2) obtain the person’s:

(A) name, address, and date of birth;

or

(B) driver’s license, if in the person’s

possession; and

(3) allow the person to execute a notice

to appear.

(b) If a law enforcement officer detains a per-

son because the law enforcement officer believes

the person has committed an infraction or ordi-

nance violation, the law enforcement officer may

not, without the consent of the person, extract or

otherwise download information from a cellular

telephone or another wireless or cellular com-

munications device possessed by the person at the

time the person is detained unless:

(1) the law enforcement officer has prob-

able cause to believe that the:

(A) cellular telephone; or

(B) other wireless or cellular com-

munications device;

has been used in the commission of a

crime;

(2) the information is extracted or other-

wise downloaded under a valid search

warrant; or

(3) otherwise authorized by law.

34-28-5-3.5. Refusal to provide identifying

information; penalty.

A person who knowingly or intentionally

refuses to provide either the person's:

(1) name, address, and date of birth; or

(2) driver’s license, if in the person’s pos-

session;

to a law enforcement officer who has stopped the

person for an infraction or ordinance violation

commits a Class C misdemeanor.